David H Nachman's Answers

Do I need to take a DNA test to apply for a green card for my parents?

In general, the birth certificates and other evidence (we can guide you) are sufficient to provide the familial relationship. As my colleagues have properly pointed out, the U.S. Consulate could ask for a DNA test if there is information that might lead them to believe that the familial relationship specified (parent/child) does not exist. If you document the case with more then just the birth certificates then there is a good chance that you may be able to overcome the possibility of the DNA...

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I am a L2 visa holder, can my employer apply and or sponsor me for a greencard or H1B visa

YOU WROTE: Conversion of L2 visa to green card: 1. I presently have an L2 visa. a. Can my employer apply for a greencard for me - how long does it ususally take to get a green card for L2 visa holders. RESPONSE: Yes, your employer can apply for you. Remember that the green card application is "prospective in nature". This means that the green card application has to do with what will be going on when you get the green card and not right now. YOU WROTE: b. Will I first have to change...

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My attorney is giving me conflicting information.

I do understand the conflicting information. This is because some Congresspeople do help and some do not. I sued to work for Senator Bradley and we always worked hard for our constituents to assist them with the immigration process by calling the "congressional liaison" staff and by directly communicating with folks in the administrative process who can help our clients. On the other hand, I had friends in other congressional offices who "paid lip service" to the process of assisting the...

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Immigration citizenship FBI name check

While it is not likely that this will be an issue, there may be an issue that might "delay" your Citizenship case if you were implicated with regard to matter of great interest to the FBI. We have found this to be the case in many matters that we have handled. In fat, we had one where we had to fight a great deal to prove that the individual had nothing to do with the case under investigation. The issue would likely be whether or or not you were investigated yourself (implicated) or whether...

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Visitor visa expired can i still finish school and or work, what do i need to file with immigration USCIS

Make sure it is a "real" marriage and not one for convenience. The CIS will be on the lookout for convenience marriages. Please feel free to visit our website for information about marriage to a U.S. Citizen in order to pursue such a case. When the case is filed you would have to wait about 90 days to have a work authorization card which you can use to get a social security number and a driver's license. Because you were told that marriage would be able to get you status, we are going to...

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Change of status (h1b to h4) while spouce's h1b is expiring within half an year?

I agree with my collegues. Please see us at http://www.visaserve.com.

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Opt extension

You will be able to stay but not to work. However, there are may creative cap-gap solutions that our office has provided which are sensitive to the the type of employer, the type of work that you may be doing, etc. You can feel free to call us for a consultation.

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Marriage of US citizen to Out of Status Foreigner?

You can get married and file papers if the marriage is bona fide and not "only" for the reason of obtaining the green card. If you need assistance in the processing of the marriage based green card case, please feel free to contact our offices. You would certainly want to file the paperwork before your boyfriend is served with a Notice To Appear.

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How to extend the h1b beyond 6 years?

The law says that if you have filed and have pending a Labor Certification Application for 365 days prior to the end of the 6th year then you can extend the H-1B in one year increments. We suggest, under the circumstances that you look closely at the amount of time that you have actually been in the U.S. in H-1B status for the past 5 years as you may be able to recapture enough time to allow you to file the Labor Certification still within the 5 years. You may also want to consider leaving the...

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What immigration forms do i need to petition for my husband already in the us

There are several ways for an individual to be sponsored for immigration purposes. It could be through a family relationship or through employment. If you are a U.S. Citizen spouse filing for a foreign national then you would want to file an I-130 and (if your spouse entered the U.S. with inspection) you can also file (simultaneously) the I-485 Adjustment Application. These documents are filed with the NBC. Your question is somewhat vague however and we do recommend that you see proper Legal...

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